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Max Planck Society – Argentine SECYTWorkshop on Complex Crimes

Buenos Aires, November 21-22, 2005

I would like to welcome you to our country and to thank you for your presence in this Workshop organized by our SECYT and the Max Planck Society of Germany.As the Minister of Education, Science and Technology, I have a special interest in the development of this kind of meetings that support the direct contact between researchers, exchanging experiences and knowledge in the areas of major interest.The possibility of sharing this experience with the German scientific communi-ty honors us, given the academic and scientific excellence developed in that country.Our main goal is to promote the transition towards an economy based on knowledge. Education, science, and new technologies must play a central role in the transformation of the productive model and the social model: we are working from that perspective.We have proposed, through the Joint Declaration signed together with the President of the Max Planck Society, Prof. Peter Gruss, on April of this year when I visited Munich, to identify opportunities and to intensify cooperation activities; this is the appropriate place for that.We hope to achieve with this Symposium concrete results that allow us to join efforts aimed to impulse the scientific and technological development of both countries.I wish you a good staying in our country, and that this meeting be a fruitful experience for all of us.

Lic. Daniel FilmusMinister of Education, Science and Technology

Prefaces

It is an honor for me to welcome the distinguished audience to this Workshop, organized by the Secretary for Science, Technology and Productive Innovation (SECYT) of the Ministry of Education of Argentine Republic and the Max Planck Society for the Advancement of Science from the Federal Republic of Germany. This is the result of a big effort from both Institutions with the aim of exchanging scientific knowledge, generating the appropriate atmosphere for analysis and discussion. This will allow us to search for new avenues and solu-tions in the field of science and technology, by means of concrete proposals of research projects and cooperation activities coming out during the Workshop.In Argentina we are in a developing process to consolidate our research and technological capabilities and international cooperation is a fundamental tool for achieving this. Germany has been a country that has joined us in this process since 1969, date on which the first Intergovernmental Agreement in Science and Technology has been signed. Today the cooperation with the Max Planck Society strengthens this relationship between our two countries. The memorandum signed in July 2004 appointed us to work together in the future, and this meeting shows that we already started to do this. The emphasis in Biosciences and Nanotechnology is not incidental, both countries have demonstrated a great interest in developing these areas. Today we will also add the area of Complex Criminality with the participation of the Secretary of Criminal Politics and the Max Planck Institute for Foreign and International Criminal Law.I would like to thank the presence of all of you, wishing that you would enjoy your participation in this event and your staying in the city of Buenos Aires.

Ing. Tulio del BonoSecretary for Science, Technology and Productive Innovation

The Max Planck Society has a long tradition of cooperation with Argentina, which is based on solid and stable foundations. More than anything, it has been the scientists themselves who have laid these foundations. In their quest to expand the frontiers of scientific discovery, they have also been searching - across national borders and the borders of continents - for a fruitful coope-ration with those colleagues whose research activities complement and round off their own. Argentina has strong and proficient universities and research institutes as well as a pool of highly qualified junior scientists. In 2004, a total of 63 guest scientists and fellowship holders from Argentina were involved in research in various Max Planck Institutes. Currently, Argentine scientists and scientists of the Max Planck Society are cooperating in about 25 joint research pro-jects. What is more, for the first time an Argentine scientist, Eduardo Arzt, was appointed as an External Scientific Member of the Max Planck Society. In the light of such a dynamic development, the Max Planck Society decided to focus more strongly on its collaboration with Argentina as part of its strategic internationalisation efforts. On the occasion of a journey of Max Planck dele-gates to Argentina in July 2004, headed by its Vice President, Herbert Jäckle, and its Secretary General, Barbara Bludau, concrete measures were initiated to open up new perspectives for existing collaborations and, at the same time, to launch new cooperation efforts. Since then, five partner groups of the Max Planck Institutes have been founded in Argentina. One of the main objectives, however, was to intensify the mutually supportive relationship between the Max Planck Society and junior scientists from Argentina. To this end, the Max Planck Society and the Argentine Ministry of Education, Science and Technology agreed, on the occasion of a joint meeting in Munich in the autumn of 2004 and on the occasion of the visit of the President of the Argentine Republic, Néstor Kirchner, to Munich in April 2005, to conduct bilateral scien-tific workshops. This initiative met with great interest and enthusiasm on the part of the scientists involved, who immediately set about implementing its pro-posals. I would therefore like to extend my warmest thanks to the organising parties for their excellent preparation work and also to the speakers for partici-pating in this workshop. I also hope that these events will lay the groundwork for an intensive bilateral dialogue and lead to new ways of German-Argentine cooperation in key innovative areas of science.

Professor Peter GrussPresident of the Max Planck Society

Foto

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Organized by:

With the support of

COORDINATION AND ORGANIZATIONSecretary for Criminal Policy: Juan Félix Marteau (coord.), Chef de Cabinet, Ministry of Justice and Human Rights [email protected]; organization: Elida Torres Carbonell [email protected], Ximena García Botana [email protected], Silvia Marino: [email protected], Daniela Doval: [email protected] Planck Institute for Foreign and Internacional Criminal Law: Jan Michael Simon (coord.), Head of Section Latin America, [email protected]

Max Planck Institute for Foreign and International Criminal Law

Secretary for Criminal Policy Ministry of Justice and Human Rights

Max Planck Society for the Advancement of Science

Secretary of Science, Technology and Productive Innovation

CLARDIGE HOTEL, ROOM "TUDOR"

Opening Statement

Alejandro SlokarSecretary for Criminal Policy of the Ministry of Justice and Human Rights

Coffee Break

IntroductionUlrich Sieber

Questions (Moderator: Carlos Cruz)

CorruptionHans-Jörg AlbrechtPatricia Llerena

Questions (Moderator: Carlos Cruz)

Lunch

8.45 - 9.30 h

9.30-10.00 h

10.00-10.45

10.45-11.15

11.15-11.4511.45-12.15

12.15-12.45

13.00-15.00

Monday, November 21

Drug TraffickingJan-Michael SimonMarco Antonio Terragni

Questions (Moderator: Raúl Plee)

Trafficking in Human BeingsBarbara HuberEdgardo Donna

Questions (Moderator: Raúl Plee)

Coffee Break

CybercrimePhillip BrunstNora Cherñavsky

Questions (Moderator: Raúl Plee)

International Treaties and Requirements for HarmonizationEugenio Paúl Zaffaroni

Questions (Moderator: Juan Félix Marteau)

15.00-15.3015.30-16.00

16.00-16.15

16.16-16.4516.45-17.15

17.15-17.30

17.30-17.45

17.45-18.1518.15-18.45

18.45-19.00

19.00-19.30

19.30-19.45

Tuesday, November 22

CLARDIGE HOTEL, ROOM "TUDOR"; GERMAN EMBASSY

Coffee

Criminal OrganizationsJörg KinzigGuillermo Yacobucci

Questions (Moderator: Ignacio Tedesco)

TerrorismAnne WildfangDaniel Pastor

Questions (Moderator: Ignacio Tedesco)

Lunch

Money Laundering and the Financing of TerrorismMichael KilchlingJuan Félix Marteau

Questions (Moderator: Fernando Córdoba)

Coffee

9.30-10.00

10.00-10.3010.30-11.00

11.00-11.30

11.30-12.0012.00-12.30

12.30-13.00

13.00-15.00

15.00-15.3015.30-16.00

16.00-16.15

16.15-16.45

16.45-17.15

17.15-17.30

17.30-18.30

20.00

Similarities and DifferencesHans-Jörg Albrecht

Questions (Moderator: Jaime Malamud Goti)

Cooperation between Germany and Argentina in the field of complex crimeRound Table

Coordinator: Enrique García Vitor

Reception at the German Embassy

Nora CherñavskyLawyerAdjunct Professor, Universidad de Buenos AiresAdviser to the Secretary for Criminal Policy of the Ministry of Justice and Human RightsMember of the Biministerial Commission for Drafting the Legislation on [email protected]

Fernando CórdobaLawyerAdjunct Professor, Universidad de Buenos Aires Advisor of the Attorney-General of Argentina, Alumnus Max Planck Institute for Foreign and International Criminal Law, German Academic Exchange Program [email protected]

Carlos CruzLawyerAdjunct Professor, Universidad de Buenos Aires Advisor to the Commissions of Criminal Law and Administration of Justice of the Parliament of Argentina (Chamber of Deputies) Alumnus Max Planck Institute for Foreign and International Criminal Law [email protected]

Edgardo DonnaLawyer, PhD in LawFull Professor, Universidad de Buenos AiresAlumnus Alexander von Humboldt Foundation and German Academic Exchange [email protected]

Enrique García VitorLawyer, PhD in LawProfessor, Universidad Nacional del LitoralJudge, Cámara Federal de Apelaciones de ParanáPresident of the Argentinean Association of Professors in Criminal LawAlumnus Max Planck Institute for Foreign and International Criminal Law

Jaime Malamud GotiPhD in LawFull Professor (em.), Universidad de Buenos AiresDirector of the Research Institute "Carlos Niño", Universidad de PalermoFellow MacArthur Foundation and Guggenheim [email protected]

Patricia LlerenaLawyerLecturer, Universidad de Buenos AiresJudge, Cámara Tribunal Oral CriminalFellow of the Università de Sinea, [email protected]

Criminal Law & Criminology, Argentine

Juan Félix MarteauLawyer, PhD in SociologyAdjunct Professor, Universidad de Buenos AiresPersonal Adviser of the Secretary for Criminal Policy of the Ministry of Justice and Human RightsAlumnus Max Planck Institute for Foreign and International Criminal [email protected]

Daniel PastorLawyer, PhD in LawAdjunct Professor, Universidad de Buenos AiresAlumnus Alexander von Humboldt Foundation, German Academic Exchange Program and Max Planck Institute for Foreign and International Criminal [email protected]

Raúl PleeLawyerChief Public Prosecutor at the Cámera Nacional de Casación Penal

Alejandro SlokarLawyer, LL.M. (Barcelona)Secretary for Criminal Policy and penitentieary matters of the Ministry of Justice and Human RightsProfessor, Universidad de Buenos AiresHonorary Professor, Universidad de San Augustín (Perú)[email protected]

Ignacio TedescoLawyer, LLM (Universidad de Barcelona)Adjunct Professor, Universidad de Buenos Aires [email protected]

Marco Antonio TerragniLawyer, PhDs in LawProfessor, Universidad del Litoral, Universidad Católica de Santiago del EsteroHonorary Professor, Universidad de Cajamarca en PerúAlumnus Max Planck Institute for Foreign and International Criminal [email protected]

Guillermo YacobucciLawyer, PhD in LawFull Professor, Universidad AustralJudge, Cámara del Tribunal Oral en lo Criminal nº6 de la Capital [email protected]

Eugenio Raúl ZaffaroniLawyer and Notary, PhD in Law, Doctor honoris causa mult.Full Professor, Universidad de Buenos AiresJudge, High Court of Justice of ArgentinaAlumnus Max Planck Institute for Foreign and International Criminal [email protected]

Criminal Law & Criminology, Germany

Hans-Jörg AlbrechtLawyer, PhD in Law, Doctor honoris causa (University of Pécs)Scientific Member of the Max Planck Society and Director at the Max Planck Institute for Foreign and International Criminal Law (Department of Criminology)Honorary Professor, University of FreiburgVisiting professor, China University of Political Science and Law, Hainan University/ PR China, Renmin University of China, Wuhan University/PR China, University of Teheran, Qom High Education Centre, Qom/[email protected]

Phillip W. BrunstLawyerHead of Section Information Techology Law and Legal Informatics, Department of Criminal Law of the Max Planck Institute for Foreign and International Criminal [email protected]

Barbara HuberLawyer, PhD in LawHonorary Senior Research Fellow at the Max Planck-Institute for Foreign and International Criminal [email protected]

Michael KilchlingLawyer, PhD in LawSenior Researcher, Department of Criminology of the Max Planck Institute for Foreign and International Criminal [email protected]

Jörg KinzigLawyer, PhD in LawSenior Researcher, Department of Criminology of the Max Planck-Institute for Foreign and International Criminal [email protected]

Ulrich SieberLawyer, PhD in LawScientific Member of the Max Planck Society and Director at the Max Planck Institute for Foreign and International Criminal Law (Department of Criminal Law)Honorary Professor, Universities of Freiburg and MunichVisiting professor at the Renmin University of Beijing/PR China, University of Wuhan/[email protected]

Jan-Michael SimonLawyerHead of Section Latin America, Department of Criminal Law of the Max Planck Institute for Foreign and International Criminal [email protected]

Anne WildfangLawyerPhD Researcher, Department of Criminology of the Max Planck Institute for Foreign and International Criminal [email protected]

Objectives

The workshop's object is to analyze the main topics in the field of so called complex crime from a comparative perspective:

– Corruption– Money Lundering– Trafficking in Human Beings– Drug Trafficking– Cybercrime– Terrorism and the Financing of Terrorism– Criminal Organizations

Questions Addressed

The questions addressed include

– Incidence and prevalence of the phenomena– Control strategies and techniques of normative harmonization– Normative control instruments– Implementation of the normative control instruments in the national jurisdiction

Venue

Cladridge HotelTucumán 535Bueno Aires, ArgentinaTel.: +54 11 4314 7700Fax: +54 11 4314 8022

Participants

Academics form Argentina and the Max Planck Institute for Foreign and International Criminal Law, Advisers of the Secretary for Criminal Justice Policy of the Ministry of Justice and Human Rights

Working LanguagesEnglish and Spanish (simultaneous translation)

Location: Hotel Claridge-Tucuman 535, Buenos Aires